Reset.com Unwanted Weight Loss Telemarketing Texts TCPA Class Action

Almost anything can be marketed by telephone. Betterwell, LLC, which does business as reset.com, allegedly promotes its weight loss programs that way. However, the complaint for this class action alleges that reset.com’s telemarketing violates the Telephone Consumer Protection Act (TCPA).

In the 1980s and 1990s, the proliferation of new telecommunications equipment put automatic dialing systems and prerecorded messaging within reach of many businesses, causing a flood of telemarketing calls to consumers. Congress passed the TCPA in 1991, to try to stem the tide.

Of particular concern were calls to cell phones, because cell phone owners typically pay for incoming as well as outgoing calls. This made telemarketing calls an expense as well as a nuisance.

As it currently stands, the law forbids telemarketers from making non-emergency calls to consumer cell phones using automatic dialing systems and artificial or prerecorded voices unless they have the consumers’ prior express written consent to receive such calls. In this context, “calls” includes regular voice calls, voicemail messages, and text messages.

On January 6 and 7, 2020, plaintiff Cristi Steele received text messages from reset.com on her cell phone.

The January 6 text message began, “hi Cristi this is jackie from reset.com. I saw that you just took our weight loss quiz! Do you have any questions or concerns about the program? Just text me back. I hope you’ll start today!” A link to the reset.com website followed.

The January 7 text message began, “Hey Cristi it’s jackie from reset.com (texted you yesterday). If you’re on the fence about starting the program…” (The complaint does not display the full text message.

The messages Steele received were clearly telemarketing messages, the complaint says, since their intent was to sell her a weight loss program. Steele never gave her consent to be contacted using an automatic dialing system, it says, and the impersonal and generic nature of the message makes it likely that reset.com used an autodialer to send the message.

The class for this action is all persons in the US who, between February 10, 2016 and February 10, 2020, (1) were sent a text message by or on behalf of reset.com (2) using and automatic telephone dialing system (3) for the purpose of soliciting the purchase of reset.com’s goods and services, (4) when reset.com had not obtained the persons’ prior express consent or had obtained it in the same manner reset.com claims to have obtained it from the plaintiff in this case.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Reset.com Unwanted Weight Loss Telemarketing Texts TCPA Complaint

February 10, 2020

Almost anything can be marketed by telephone. Betterwell, LLC, which does business as reset.com, allegedly promotes its weight loss programs that way. However, the complaint for this class action alleges that reset.com’s telemarketing violates the Telephone Consumer Protection Act (TCPA).

Reset.com Unwanted Weight Loss Telemarketing Texts TCPA Complaint

Case Event History

Reset.com Unwanted Weight Loss Telemarketing Texts TCPA Complaint

February 10, 2020

Almost anything can be marketed by telephone. Betterwell, LLC, which does business as reset.com, allegedly promotes its weight loss programs that way. However, the complaint for this class action alleges that reset.com’s telemarketing violates the Telephone Consumer Protection Act (TCPA).

Reset.com Unwanted Weight Loss Telemarketing Texts TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer